In the last handful of years, state lawmakers have handed down increasingly tougher laws pertaining to leaving the scene of a crash – particularly when it involves a fatal crash. Those efforts include a measure last year that increased the penalty for leaving the scene of a deadly crash to…
A defendant in a DUI manslaughter case was five months pregnant with her fourth child when she received a sentence of 15 years for killing a pregnant woman outside a hotel in Fort Lauderdale three years ago. Family members of the decedent, who was seven months pregnant with a son…
Police officers swear the eyes never lie, at least when it comes to the horizontal gaze nystagmus exam. The test is routinely used by police officers who suspect a driver is drunk as part of the field sobriety exam. It involves having a suspect follow a small object, such as…
DUI checkpoints occur nearly every day across the country, and up to several times a week in Florida. While some states refuse to allow them, sobriety checkpoints have been deemed constitutional by the U.S. Supreme Court and the Florida Supreme Court. Still, they continue to raise the ire of some…
A teen driver who confessed to police he had consumed marijuana just prior to a fatal crash that claimed the life of a 65-year-old motorcyclist two years ago will not go to jail, according to a new report by the Sun Sentinel. This is an interesting case because F.S. 316.193…
Prosecution in a number of DUI-related deaths in Fort Lauderdale has recently made headlines, with authorities seeking harsh penalties for convicted defendants. Courts in Florida are given broad discretion in terms of sentencing in a DUI manslaughter case, thought there is a minimum mandatory sentence of four years in prison,…
In the wee hours of the morning in early October, the starting cornerback at Florida State University was returning from a celebration of his team’s victory. Meanwhile, in the opposite direction, a teenager was returning home from his shift at the Olive Garden. The football player reportedly entered the oncoming…
A woman arrested for her fourth DUI while still on probation for the third had not committed an “isolated incident” warranting a downward departure on sentencing, Florida’s Fifth District Court of Appeal ruled recently. It was the second time the case of Florida v. Henderson had been before the appellate…
Many people think of a DUI arrest as something of an inconvenience. They know they’ll likely lose their license for a time, incur hefty fines and court costs and will probably need to hire a lawyer if they hope to negotiate lighter penalties. However, for those convicted of multiple DUIs…
Florida and Ohio courts both recently were tasked with weighing the viability of breathalyzer results as key evidence in criminal cases alleging driving under the influence of alcohol. Both courts came up with different answers. The news isn’t good for those arrested for DUI in Florida. In Vuong et al.…